Alabama & Vicksburg Railway Co. v. Carter

Citations

• 77 Miss. 511

Syllabus

<p>1. RailRoads. Code 1892, g 3546. Excessive speed in municipality. Causal connection. Trespasser. Proximate cause.</p> <p>The provisions of code 1892, § 3546, making railroads liable for damages inflicted hy trains running over six miles per hour within the corporate limits of a municipality, may he invoked hy a trespasser upon its track, hut there must he á causal connection between the speed and the injury. The speed must be the'proximate cause of the injury.</p> <p>2. Same. Contributory negligence. Determinative questions.</p> <p>Contributory negligence on the part of a plaintiff is a defense to a suit against a railroad company for injuries inflicted hy a train running over six miles per hour within the limits of a municipality. The determinative questions in such case are whether the excessive speed was the proximate cause of the injury and whether plaintiff was guilty of contributory negligence.</p>